Archive for February, 2007

Alabama Officials Offer Cash to Homeowners in Path of Toxic Plume

As a 600-acre plume of toxic groundwater continues to spread across north-central Montgomery, the Alabama Department of Transportation (ALDOT) has offered to compensate some of the homeowners and commercial property owners caught in its path.

Homeless Man Sentenced to 19 Years for DUI Fatality

On Friday, a Santa Clara County judge sentenced Chevelle Bailey to 19 years in prison after plowing his Oldsmobile into a popular cyclist riding through the Palo Alto hills.

Young Mother Gets One Year for DUI and Child Neglect

In Bismarck, North Dakota, a 26-year-old woman has been sentenced to a year in jail after she was caught driving impaired with her infant son wedged behind the driver’s seat of her car.

Ohio’s Worst DUI Offender Sentenced to 16 ½ Years

A resident of Barberton, Ohio has been sentenced to 16 ½ years in state prison after being sentenced for his 19th and 20th drunk-driving offenses and numerous other traffic infractions.

Jury Awards $30 Million to Parents of Brain-Injured Boy

Aaron Edwards, now 9, suffered a brain injury during his birth at Lee Memorial Hospital in Fort Myers, Florida. A Lee County jury recently found the hospital negligent and awarded Aaron’s parents $30 million to help them pay for Aaron’s lifelong medical care.

Kentucky Miner’s Widow Files Wrongful Death Claim

The widow of a coal miner killed in an underground accident has filed a wrongful death lawsuit against the mine’s owners, claiming they had prior knowledge of workers’ drug abuse.

Recusal Sought for Judge Presiding Over Katrina Lawsuit

State Farm Fire and Casualty Co. filed a motion on Thursday requesting the recusal of U.S. district court judge L.T. Senter Jr. on the grounds that two of the potential litigants are court colleagues.

Trucking Industry Split over Requiring Electronic Speed Limiters

The trucking industry is currently embroiled in a debate over the value of electronic speed limiting technology, which can be used to prevent commercial vehicles from traveling faster than 68 miles per hour.

Preliminary Research Suggests C8 Causes Decreased Birth Weight and Head Size

Preliminary research findings released last week by Johns Hopkins researchers indicate that infants exposed to low levels of C8 causes a decrease in head circumference and body weight as compared to other newborns.

Former Owner of Polluted Property Agrees to $3 Million Settlement

The former owner of a Wilmington, Massachusetts, chemical plant has reached an out-of-court settlement with nearly two dozen local residents affected by the contaminated property. The settlement, worth approximately $3 million, is regarded as a landmark victory for the community.

Explosives Manufacturer Reaches Deal with Utah Environmental Officials

State environmental officials in Utah recently announced that a final settlement has been reached with Ensign-Bickford over groundwater contamination in Mapleton, Utah. The company settled its lawsuit with the city of Mapleton last December.

Farmworkers, Environmental Groups Reopen Suit against EPA

Last November, the EPA decided to phase out the use of the pesticide azinphos-methyl by 2012. Now a group of farmworkers and environmentalists is challenging the ruling, arguing that the pesticide should be discontinued immediately.

Whistleblower Awarded Attorney’s Fees

A man who lost his job for reporting financial conflicts of interest at the Hopkinton State Fair in New Hampshire will receive the amount of his attorney’s fees as part of his settlement.

Driver Dies in Explosion after Plowing into Home

A Prescott, Wisconsin, woman died February 17 after she plowed her pickup truck into a private residence, breaking the home’s natural gas line and causing an explosion that destroyed the house. The home’s residents were not injured.

$500,000 Award to Woman Injured by Falling Swing Set Bar in Pennsylvania

In a February 2007 trial, the Borough of Waynesboro, Pennsylvania was found negligent by a jury in the July 2001 injury of Joleen Sider. A 130-pound cross-bar fell on Sider as she was sitting in a swing set at a Waynesboro park.

Secretary of Transportation Calls for Motorcycle Helmet Use

The U.S. Secretary of Transportation urged motorcycle riders at an industry trade group meeting on Friday to wear helmets, and called on dealers to offer free or discounted helmets with the purchase of a motorcycle.

Testimony Continues in Lawsuit over Fatal Illinois Plane Crash

In the federal trial over lawsuits resulting from the February 2000 multi-plane crash that killed Chicago radio host Bob Collins, recent testimony focused on what Collins may have seen just prior to the accident.

Katrina Insurance Lawsuit Withdrawn During Federal Court Trial

A Louisiana couple suing Allstate Indemnity Co. in a Katrina insurance dispute dropped their suit on Thursday before closing arguments could be heard by the jury.

Ex-Officer Injured in Motorcycle Accident Brings Lawsuit against City

A former Colorado police officer who lost his job after a motorcycle accident left him paralyzed from the waist down has filed a lawsuit against Canon City, claiming discrimination and wrongful termination.

New EPA Regulations to Limit Levels of Benzene in Gasoline

The Bush administration approved new regulations on Friday that restrict the levels of carcinogenic chemicals in gasoline. The approval follows a lawsuit filed by environmental groups and lobbying that called for stricter regulations.

Maryland Man Gets 10 Years for Fraud

Mark E. Phillips of Elkton was sentenced to serve more than 10 years in prison after being found guilty in October of 35 counts of securities fraud, mail fraud, wire fraud and credit card fraud.

Las Vegas Woman to Serve More Than Seven Years for Fraud

Diana Flaherty was sentenced to serve 90 months in prison for her contribution to an investment scheme. Flaherty, her late husband, and another man told investors they could extract precious metals from reserves of volcanic ashes they claimed to own.

Merck May Be Facing another Round of Lawsuits

Already beset by over 27,000 Vioxx cases, the pharmaceutical giant sees lawsuits over osteoporosis drug Fosamax looming on the horizon.

Healthcare Providers Begin Adopting 'Disclosure and Apology' Policy for Medical Errors

A growing number of healthcare providers are implementing “disclosure and apology” policies for medical errors. Malpractice insurers and risk manager say this approach helps decrease the number and expense of medical malpractice lawsuits.

"Dead Men Walking" Report on U.S. Vets with Traumatic Brain Injury

The survival rate of American troops injured in Iraq is at an unprecedented high due to advances in military medicine. However, traumatic brain injuries (TBIs) incurred in Iraq have left hundreds of soldiers with a "death-in-life" existence.

Family of Teenager Settles Malpractice Suit with Doctor Jailed for Murder

A civil lawsuit against Noel Chua, a St Marys, Georgia, physician accused of murder in connection with the death of a 19-year-old man, was recently settled out of court for an undisclosed amount.

Charges Filed in Fatal Lake George Boat Accident

The captain and cruise line owner of a touring vessel that capsized in Lake George in Upstate New York have been indicted on criminal misdemeanor charges.

Notre Dame Coach Set for Malpractice Suit over Near-Fatal Surgery

Five years after undergoing gastric bypass surgery for chronic morbid obesity, Notre Dame football coach Charlie Weis will confront his surgeons in court. His suit alleges that his doctors were negligent and that their carelessness nearly cost him his life.

Environmental Report Raises Questions about the Accuracy of Oil Industry Pollution Reporting

According to a new report issued today by the nonprofit Environmental Integrity Project (EIP), nine U.S. oil refineries are responsible for 1/3 of the nation’s carcinogenic emissions reported by the oil industry.

New York State Files Suit Against Exxon Mobil, 4 Other Companies

New York moved to file a lawsuit yesterday against Exxon Mobil and four other companies to force them to clean up a 50-year-old oil spill that spans Brooklyn’s Greenpoint neighborhood and contaminates adjacent Newton Creek.

Suit Filed in Falk Explosion

Following the deaths of three men in the December explosion at Falk Corporation, relatives of the victims filed suit on Wednesday alleging that employees of contractor J.M. Brennan prevented an evacuation shortly before the blast.

Air Force Reserve Nurse Sues for Wrongful Termination

Lieutenant Colonel Debra Muhl, a highly decorated Air Force Reserve nurse specializing in battlefield air evacuation, filed suit Jan. 23 against Sutter Health of San Francisco, claiming she was terminated because of her deployment to Iraq.

President’s Uncle Embroiled in Backdating Scheme

William H.T. “Bucky” Bush, uncle of President George W. Bush, has been named by the SEC as one of a group of contractors who profited from a backdating scheme at Engineered Support Systems Inc. (ESSI).

Wal-Mart Faces Biggest Sexual Discrimination Lawsuit in U.S. History

A San Francisco federal appeals court has upheld an earlier decision granting class status to a sexual discrimination lawsuit against the nation’s largest retailer which could include as many as 1.5 million women.

New Jersey Courts Clogged with Vioxx Cases

The burden of over 15,000 Vioxx cases is taking a toll on the Atlantic County Civil Courthouse, depleting available filing cabinets and jury pools simultaneously.

Charges Dismissed against 2 of 4 Defendants in Maui Drug Case

In a case stemming from the largest drug seizure in Maui's history, a Wailuku District Court Judge has dropped drug trafficking charges against two defendants that could have resulted in 20 years in prison and a $20 million fine.

California Man Diagnosed With Mesothelioma Files Asbestos Suit

Rolland Bowen claims he was exposed to asbestos while employed from 1942 to 2003 as a laborer, mechanic, pest exterminator, factory worker, and bus driver in various locations. His suit names 91 defendants.

Texas Man Sentenced to 40 Years for Defrauding Churchgoers

A man convicted of using a Ponzi scheme to defraud churchgoers of tens of millions of dollars has been sentenced to 40 years in prison.

Preliminary Settlement Could Mean Millions for Wireless Customers

A preliminary settlement was reached on Friday in a class action lawsuit against cell phone insurers. The settlement, if approved by the judge, will mean millions of dollars for wireless customers.

Settlement Reached in Baycol Lawsuit, 30 States Awarded

30 U.S. states agreed to an $8 million dollar settlement with Bayer Corp. last week after alleging the company had failed to adequately warn consumers about the risks associated with its drug Baycol.

Couple Seeks Over $1 Million in Benzene Exposure Suit

A Madison County couple filed a benzene lawsuit on Jan. 2 against over two dozen companies who allegedly sold, manufactured, or distributed hazardous products including the known carcinogen benzene.

Multimillion Dollar Punitive Award Reduced by Federal Judge in Katrina Lawsuit

On Wednesday, a federal judge reduced a jury’s $2.5 million award in punitive damages to a Biloxi couple after their Katrina claim was denied by State Farm Fire and Casualty Co.

62-Year-Old Man Faces Deportation for Decades-Old Drug Offense

Joseph Gemayel, a 62-year-old father of five, is facing deportation to his native Lebanon as part of a 1980 drug trafficking conviction for which he served five years in prison.